Insurance & ERISA Litigation Blog
Winning ERISA Disability Insurance Appeals
Claims made for short term disability and for long term disability benefits are frequently denied by ERISA plan benefits administrators. Congress enacted ERISA to provide a level of minimum standards…
What Should You Do If Your Insurer Rescinds Your Insurance Policy?
What if you file an insurance claim, and instead of simply denying your claim, your insurance company informs you that your policy has been rescinded? The company may be operating…
Court Rules That “Near Fatal” Levels of Methamphetamine Did Not Trigger Drug Exclusion Based on the Ordinary Meaning of the Terms in the ERISA Accidental Death & Dismemberment Policy And That Death Was Accidental
Accidental Death & Dismemberment (“AD&D”) Insurance Update: Northern District of California Construes the Terms of ERISA-governed AD&D Policy Against the Insurer, Finds that “Near Fatal” Levels of Methamphetamine Did Not…
The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Sixteen: State Law Pre-emption
In this several-part blog series titled The Basics of an ERISA Life, Health and Disability Insurance Claim, we discuss the basics of an ERISA life, health, accidental death and dismemberment…
How Can You Prove a Death Was Accidental for an Accidental Death and Dismemberment Claim?
If an insured member of your family dies accidentally and you make an accidental death insurance claim as a beneficiary, the insurance company may require proof that the death was…
What Should You Do When a Life Insurance Claim is Denied?
You file a claim as the beneficiary of a life insurance policy, which the insurance company denies. What are your rights in this situation? What legal recourse is available to…
Los Angeles Daily Journal Publishes Article by Robert J. McKennon: “9th Circuit Ruling Expands Relief Under ERISA for Breach of Fiduciary Duties”
By: Robert McKennon It is no secret that employee benefit plan administrators use the Employee Retirement Income Security Act of 1974 to shield themselves from liability for their mistakes and…
Los Angeles Daily Journal Publishes Article on September 7, 2021 by Robert J. McKennon and Larry J. Caldwell Entitled “High Court Clarifies Life Insurance Grace Period Law”
In its September 7. 2021 issue, the Los Angeles Daily Journal published an article written by the McKennon Law Group PC’s Robert J. McKennon and Larry J. Caldwell. The article…
What Happens With an ERISA De Novo Review?
The private sector, employer-sponsored insurance plans are regulated by the Employee Retirement Income Security Act of 1974 – ERISA. ERISA is the federal law that establishes the minimum standards for…
Drowning Death of Drunk Insured Driving 70-80 Miles Per Hour the Wrong Way on One-Way Road Next to Bay in Dark Ruled “Accidental” under Accidental Death and Dismemberment Policy
When an insured under an accidental death and dismemberment policy governed by ERISA dies, coverage often turns on whether the death resulted from an “accident,” which is covered, or from…
